Section 30 of the Advocates Act provides: “Right of advocates to
practice: Subject to the provisions of this Act, every advocate shall be
entitled as of right to practise throughout the territories to which
this Act extends; in all courts including the Supreme Court; before any
tribunal or person legally authorised to take evidence; and before any
other authority or person before whom such advocate is by or under any
law for the time being in force entitled to practice”.
Advocates were demanding the implementation of this section enabling advocates to practice any where and it was going on since the enactment of the Advocates Act it self but fortunately finally the government decided to notify this section to be implemented by virtue of which Lawyers will be able to practice anywhere in India irrespective of their registration to any bar council .
Union Law minister.. Moily said, “I traced the file relating to this provision. For some reasons this Section remained in the Statute without being notified. I decided to notify this Section and signed necessary orders. The notification is expected to be issued either on June 7 or 8”
Supreme Court already in the case of Aeltemesh Rein vs. Union of India and others [AIR 1988 SC 1768
gave the discretion of the implementation of the said section of the advocates act to the government.And till the final notification comes from the government lawyers can not claim the benefit as a matter of right.
The original section 30 in the Advocates act reads as follows..
Advocates were demanding the implementation of this section enabling advocates to practice any where and it was going on since the enactment of the Advocates Act it self but fortunately finally the government decided to notify this section to be implemented by virtue of which Lawyers will be able to practice anywhere in India irrespective of their registration to any bar council .
Union Law minister.. Moily said, “I traced the file relating to this provision. For some reasons this Section remained in the Statute without being notified. I decided to notify this Section and signed necessary orders. The notification is expected to be issued either on June 7 or 8”
Supreme Court already in the case of Aeltemesh Rein vs. Union of India and others [AIR 1988 SC 1768
gave the discretion of the implementation of the said section of the advocates act to the government.And till the final notification comes from the government lawyers can not claim the benefit as a matter of right.
The original section 30 in the Advocates act reads as follows..
Right of advocates to practise. Subject to the provisions of this Act, every advocate whose name is entered in the 1[ State roll] shall be entitled as of right to practise throughout the territories to which this Act extends,--
(i) in all courts including the Supreme Court;(ii) before any tribunal or person legally authorised to take evidence; and(iii) before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practise.
so with a notification of the section is implemented any one can file a suit in the supreme court itself which is a great happening for practicing lawyers in india.
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